HomeMy WebLinkAbout957626WELLBORE ASSIGNMENT
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THIS WELLBORE ASSIGNMENT (the "Assignment dated effective 12:01 a.m. local time
March 12, 2008 (the "Effective Time is from BP America Production Company, a Delaware
corporation, whose mailing address is P.O. Box 3092, Houston, Texas 77253 -3092 (Assignor") to EOG
Resources, Inc., a Delaware corporation, whose address is 600 Seventeenth Street, Suite 1000N,
Denver, Colorado 80202 "Assignee
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Assignor hereby sells, assigns, transfers, grants, bargains, and conveys to Assignee the
real and personal property interests described below, located in Lincoln County, Wyoming (the "Wellbore
Interests
1. Seventy percent (70 of Assignor's total 48.4876% right, title and interest (33.94132% of
8 /8ths) in and to the wellbore for the Fabian Ditch 549 -21 E Well, located in the SESW of Section 21,
T19N, R112W, 6 P.M., Lincoln County, Wyoming, at a surface location 461 feet from the south line, and
2,600 feet from the west line of said Section 21, and all associated equipment and personal property (the
"Wellbore from the surface of the earth to the base of the Frontier formation, defined as the base of the
coarsening upward sequence as depicted by well log gamma ray curve occurring at a measured depth of
11,807 measured depth feet in the BP America Production Company CHAMPLIN 186 I #2 (API No.
4904120840), located in Section 13, T18N, R113W, Uinta County, Wyoming (the "Frontier Depths
together with such interest of the Assignor derived from the oil and gas leases described on Exhibit A
hereto (the "Leases insofar and only insofar as the Leases cover the lands described on Exhibit A (the
"Lands under:
(i) the Operating Agreement dated April 2, 2007, between EOG Resources, Inc., Operator for
Drilling, Evaluation, Completion and Plugging and Abandonment, BP America Production
Company, Operator for Post Completion, and Anadarko E &P Company LP, Chevron U.S.A. Inc.,
Wexpro Company, Questar Exploration Production Company, and Kerr -McGee Oil Gas
Onshore L.P., as non operators,
(ii) the Operating Agreement dated January 15, 1979, between Amoco Production
Company, as operator, and Mountain Fuel Supply Company, Champlin Petroleum Company, and
Texaco, Inc. as non operators,
(iii) Communitization Agreement WYW- 110937, effective January 15, 1979,
as is necessary to vest in Assignee ownership of seventy percent (70 of Assignor's total 48.4876%
(33.94132% of 8 /8ths) right, title and interest in the Frontier formation in the Wellbore and the production
therefrom, limited to the Frontier Depths. In the event of any conflict between the terms of this
Assignment and Exhibit A to the Operating Agreements referenced above, the terms of this Assignment
shall prevail.
2. 60.6004% of Assignor's total 30.4066% right, title and interest (18.426527% of 8 /8ths) in and
to the Wellbore from the base of the Frontier formation, as defined above, to 100 feet below the base of
the Dakota formation, defined as the base of the coarsening upward sequence as depicted by well log
gamma ray curve occurring at a measured depth of 12,474 feet measured depth in the BP America
Production Company CHAMPLIN 186 I #2 (API No. 4904120840), located in Section 13, T18N, R113W,
Uinta County, Wyoming (the "Dakota Depths together with such interest of the Assignor derived from
the Leases, insofar and only insofar as the Leases cover the Dakota Depths and the Lands under:
RECEIVED 1/14/2011 at 2:22 PM
RECEIVING 957626
BOOK: 760 PAGE: 675
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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(i) the Operating Agreement dated April 2, 2007, between EOG Resources, Inc., Operator for
Drilling, Evaluation, Completion and Plugging and Abandonment, BP America Production
Company, Operator for Post Completion, and Anadarko E &P Company LP, Chevron U.S.A. Inc.,
Wexpro Company, Questar Exploration Production Company, and Kerr -McGee Oil Gas
Onshore L.P., as non operators,
(iii) the Operating Agreement dated January 15, 1979, between Amoco Production
Company, as operator, and Mountain Fuel Supply Company, Champlin Petroleum Company, and
Texaco, Inc. as non operators,
(iii) Communitization Agreement WYW- 132738, effective January 26, 1994,
(v) Communitization Agreement WYW- 178974, effective March 1, 2008,
as is necessary to vest in Assignee ownership of 60.6004% of Assignor's total 30.4066% right, title and
interest (18.426527% of 8 /8ths) in the Dakota formation in the Wellbore and the production therefrom,
limited to the Dakota Depths. In the event of any conflict between the terms of this Assignment and
Exhibit A to the Operating Agreements referenced above, the terms of this Assignment shall prevail.
3. Rights in and to all existing and effective unitization, pooling and communitization
agreements, and other contracts, agreements and instruments to the extent only that they relate to or
affect the Wellbore Interests.
4. Concurrent rights of ingress rights -of -way, easements, surface leases and other surface
rights held by Assignor in connection with ownership or operation of the Leases and Lands. and egress to
the Lands, and in and to surface use agreements,
forever.
TO HAVE AND TO HOLD the Wellbore Interests unto Assignee and its successors and assigns
This Assignment is made and accepted expressly subject to the following terms and conditions:
A. THIS ASSIGNMENT IS MADE WITHOUT WARRANTY OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY EXCEPT THAT ASSIGNOR WARRANTS THAT TITLE TO THE
WELLBORE INTERESTS IS FREE AND CLEAR OF ANY LIENS AND ENCUMBRANCES CREATED
BY, THROUGH OR UNDER ASSIGNOR WITH THE EXCEPTION OF ROYALTY, OVERRIDING
ROYALTY AND OTHER BURDENS ON PRODUCTION OF RECORD ON JULY 31, 2003.
B. This Assignment is subject to the terms and provisions of the BP -EOG Moxa Arch
Farmout Agreement dated July 31, 2003, between Assignor and Assignee (the "Farmout Agreement
If there is a conflict between the terms of this Assignment and the Farmout Agreement, the terms of the
Farmout Agreement shall control and not be deemed to have merged into the terms of this Assignment.
C. This Assignment is subject to the terms, provisions and covenants of the Leases, all
Lease burdens of record on July 31, 2003, all existing and effective pooling, communitization and
unitization agreements and all other contracts, agreements and instruments related to the Wellbore
Interests to the extent the same are of record on July 31, 2003 or identified in the Farmout Agreement.
D. Assignee agrees to perform all obligations, express or implied, of Assignor under the
Leases insofar as such obligations are applicable to the Wellbore Interests.
E. To the extent permitted by law, Assignee shall be subrogated to Assignor's rights, to the
extent of the Wellbore Interests, in and to representations, warranties and covenants given with respect to
the Leases. Assignor grants and transfers to Assignee, its successors and assigns, to the extent so
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transferable and permitted by law, the benefit of and the right to enforce the covenants, representations
and warranties, if any, which Assignor is entitled to enforce with respect to the Leases, but only to the
extent not enforced by Assignor.
F. The references herein to liens, encumbrances, burdens, defects and other matters shall
not be deemed to ratify or create any rights in third parties or merge with, modify or limit the rights of
Assignor or Assignee as between themselves, as set forth in the Farmout Agreement.
G. Unless provided otherwise, all recording references in Exhibit A hereto are to the official
real property records of the county in which the Lands are located.
H. Separate governmental forms of assignment of the Wellbore Interests may be executed
on officially approved forms by Assignor to Assignee, in sufficient counterparts to satisfy applicable
statutory and regulatory requirements. Those assignments shall be deemed to contain all of the
exceptions, reservations, warranties, rights, titles, power and privileges set forth herein as fully as though
they were set forth in each such assignment. The interests conveyed by such separate assignments are
the same, and not in addition to, the Wellbore Interests conveyed herein.
This Assignment binds and inures to the benefit of Assignor and Assignee and their
respective successors and assigns.
J. This Assignment may be executed in counterparts, each of which shall be deemed to be
an original instrument, but all of which together shall constitute but one instrument.
EXECUTED on the dates contained in the acknowledgments of this Assignment, to be effective
for all purposes as of the Effective Time.
EOG Assignment Fabian Ditch 549-21E
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ASSIGNOR:
BP AMERICA PRODUCTION COMPANY
lau
Debra Bacon
Attorne in Fact
ASSIGN
EOG R
STATE OF TEXAS
ss.
COUNTY OF HARRIS
The foregoing instrument was acknowledged before me this 7 day of
Debra Bacon, as attorney -in -fact for BP America Production Company, a Delaware corporation.
Witness my hand and official seal.
"t l
My commission expires: t R o `t
CHARLES T. DAVIS, JR.
MY COMMISSION EXPIRES
April 19, 2014
STATE OF COLORADO
CITY AND COUNTY OF DENVER
Acknowledgements
ss.
The foregoing instrument was acknowledged before me this day of 201I, by
J. Michael Schween, as agent and attorney -in -fact of EOG Resources, Inc., a Delaware corpion.
Witness my hand and official seal.
(3 1a0/y
My commission expires:
EOG Assignment Fabian Ditch 549 -21 E
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Ch
Charles T. Davis, Jr.
000678
204 by
EXHIBIT "A"
ATTACHED TO AND MADE A PART OF THAT CERTAIN WELLBORE ASSIGNMENT
BY AND BETWEEN
BP AMERICA PRODUCTION COMPANY, AS ASSIGNOR AND
EOG RESOURCES, INC., AS ASSIGNEE
Township 19 North, Range 112 West
Section 21: All
Section 22: W2SW
Township 19 North, Range 112 West
Section 21: SWSE, SESW
Section 28: NWNE, NENW
Consisting of 160.00 acres, more or less
"LANDS"
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Frontier Formation Drilling and Spacing Unit approved by the Wvominq Oil Gas Conservation
Commission under Order 231 -2006:
Dakota Formation Drilling and Spacing Unit approved by the Wvominq Oil Gas Conservation
Commission under Order 296 -2006 and Subject to Communitization Agreement WYW- 178974,
effective March 1, 2008:
Lands subject to Frontier Formation Comm unitization Agreement WYW- 110937, effective January
15, 1979:
Township 19 North Range 112 West
Section 21: All
Section 22: W2SW
Lands subject to Dakota Formation Communitization Agreement WYW- 132738, effective January
26, 1994:
Township 19 North, Range 112 West
Section 21: All
"LEASE"
BP Lease Number: 600148
Lessor: Champlin Petroleum Company
Lessee: Amoco Production Company
Recording: Book 102, Page 405
Lease Date: July 27, 1972
County: Lincoln
State: Wyoming
Legal Description: T19N -R112W
Section 21: W2, SE
Containing 480.00 acres, more or less
Lincoln County, Wyoming
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